Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-01
APPLICATION ron PATENT.

APPLICATION yoR PATENT.
Who're papers have once been filed with the
Register and Receiver they become Q part OF
the record, and can neither be Withdrawn nor
returned. but must be transmitted to the Gen
ersl Land Once.
An application will be rejected when the
scription Of the premises is erroneous or
SUFFICIENT.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-Ihe notice Was not published In q
new paper designsted a. published nsarestth
claim.
Third-Record title was found defective,
and
Fourth-A previous application had been
made for the same premises. which was with.
drawn pending . suit In Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In sccord-
ance with law.
Where several parties " separate and dis
tinct portions Of . claim. application for
Of the claim owned by him:b but whore so.eral
parties undivided interests In . mining
claim sll should join In an application for .
patent.
RGAeea ~ kduf puECnkE1 ~
many placer locations - the local law admits.
and embrace them ell In one application for 9
patcpt.
Two or more lodes cannot bo embraced in
one application for . patent except for placer
claims embracing two or more loaes within
their boundaries
Papers sworn TO before any person purport-
ing to cot a. . deputy for the Register and Re-
ceiver cannot be recorded - evidences.
In all patents for mining claims situated
Within the fufarf0r lnund nytas NJ a fnUu atso
Q clause 10 ins erted excepting and excluding
sll town property, rights upon the surface,
and all houses. buildings. structures. lots,
blocks. streets, alleys or other municipal I'm
provements not belonging 10 the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication OF notice must be made a only
ons newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
rswspspers go days must elapse between the
fret and last insertions.
Where the Register d ssignates the d ally issue
Of q newspaper fer publication of notices of 9
mining application for patent 1t is lot a COM
pliance with law TO change TO the weekly edi-
ton of the same paper without authority Of
the Register.
The existence OF q salt spring on . tract Of
land wtthdraws It from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agriculture 81
character Of such land is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ApvERsK CLAIMS.
Adverse claim anti must ale Q separate and
distinct claim sgainst each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once nled
cannot be Withdrawn, but become 90 q part Of the
record.
When an adverse claim has been hled u can.
not be amended 50 ~ TO embrace q larger per.
ton of the premises than that described In the
original adverse claim.
An adverse claim must be made ont in
proper form and filed In the proper local oha &c
during the period of publication Of the appli.
cation for the patent 20 be effective.
1t 10 the duty OF the adverse claimant 0
commence suit in proper form within the re-
CURED time. and IL he trusts The uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result Of
the ccrtupto or dishonest act on OF his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions OF law. without stating the
facts specially, will not be considered In evi.
dence.
An adverse claimant should chow . compli.
ance with the local laws IN recording his claim
copy Of the original notice OF his location, and
show the nature or extent OF the confic,
alleged.
An allegation of parties to q suit that they
compose the company 10 sufficient, and they
are not required 10 prove that they are th-
original ~locators or the identical parties who
present the adverse claim.
on MINERAL LANDS.
Where land is Of little. II any value, for sert.
cultural purposes, but 10 essential to the
proper development of miuing claims. IL
should be disposed OF under the Mining Act,
Where lsnds containing valuable mineral
deposits have been included in an agricultural
entry. said entry will be cancelled ~ any time
prior to issuance Of patent. upon satisfactory
evidence Of the existence OF such valuable de.
posits.
Where valuable deposits Of mineral are dts.
covered upon . tract after the same sas boon
entered - agricultural. but before | stent has
been issued. the parties claiming the mine
may make application for patent for same.
and the agricultural entry win be cancelled H.
shat portion OF the land embraced by suid
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued TO an agricultural claimant. thev mass
with the patent.
Agricultural College scrip cannot be
ceiveo IN m Tor claims.
ALIENS.
A foreigner may make q mining location
dispose OF IL. provided no becomes 4 citizen
before disposfDg OF the mine. Proof that tins
party was not . citizen before disposfna OF his
claim must be aharmstively shown.
Locators and intermediate owners. other
than applicants. will not be presumed slisns.
in the absence Of allegation or objection prior
TO issuance OF patent.
The portion Of 3 mining claim sold to an
alien cannot be patented while such owner ia
an alien; but on HIS declaration, o become a
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LEDGE
Revised Statutes. Section 2. 1855:
Where two or more led ges cross or fptersact
each other. priority Of title shall govern. ana
sucn prior location shall be entitled 10 All ore
or mineral contsined within the space OF inter.
section, but the subsequent location shall have
the right OF way through the space Of inter
section Tor the purpose Of the convenient
working OF the mine. And where two or more
veins unite the Oldest or prior location shall
take the vein below the point Of union. in.
Guiding all The space OF intersection.
There 10 no authority of law for a tunnel